Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for HB 1379
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/R/3R          .        Floor: SENA2/RC         
             05/05/2017 07:47 PM       .      05/05/2017 06:16 PM       

       Senator Bradley moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 51 and 52
    4  insert:
    5         Section 2. Paragraph (a) of subsection (7) of section
    6  112.313, Florida Statutes, is amended to read:
    7         112.313 Standards of conduct for public officers, employees
    8  of agencies, and local government attorneys.—
   10         (a) No public officer or employee of an agency shall have
   11  or hold any employment or contractual relationship with any
   12  business entity or any agency which is subject to the regulation
   13  of, or is doing business with, an agency of which he or she is
   14  an officer or employee, excluding those organizations and their
   15  officers who, when acting in their official capacity, enter into
   16  or negotiate a collective bargaining contract with the state or
   17  any municipality, county, or other political subdivision of the
   18  state; nor shall an officer or employee of an agency have or
   19  hold any employment or contractual relationship that will create
   20  a continuing or frequently recurring conflict between his or her
   21  private interests and the performance of his or her public
   22  duties or that would impede the full and faithful discharge of
   23  his or her public duties. It shall not be a violation of this
   24  section if a public officer is an attorney and another member of
   25  the officer’s law firm appears in front of an agency of which
   26  the officer is a member. If an officer of an agency, other than
   27  an agency referred to in subparagraph 1. or subparagraph 2., is
   28  an attorney and another member of the officer’s law firm appears
   29  before an agency of which the officer is a member, the officer
   30  must recuse himself or herself from any and all votes pertaining
   31  to any matter or client whom the law firm is representing before
   32  the agency. The officer must announce a conflict; recuse himself
   33  from the vote; not take part in any discussions, questions, or
   34  debate on the matter; and not discuss the matter with any other
   35  officer or employee of the agency or of the officer’s law firm.
   36         1. When the agency referred to is that certain kind of
   37  special tax district created by general or special law and is
   38  limited specifically to constructing, maintaining, managing, and
   39  financing improvements in the land area over which the agency
   40  has jurisdiction, or when the agency has been organized pursuant
   41  to chapter 298, then employment with, or entering into a
   42  contractual relationship with, such business entity by a public
   43  officer or employee of such agency shall not be prohibited by
   44  this subsection or be deemed a conflict per se. However, conduct
   45  by such officer or employee that is prohibited by, or otherwise
   46  frustrates the intent of, this section shall be deemed a
   47  conflict of interest in violation of the standards of conduct
   48  set forth by this section.
   49         2. When the agency referred to is a legislative body and
   50  the regulatory power over the business entity resides in another
   51  agency, or when the regulatory power which the legislative body
   52  exercises over the business entity or agency is strictly through
   53  the enactment of laws or ordinances, then employment or a
   54  contractual relationship with such business entity by a public
   55  officer or employee of a legislative body is shall not be
   56  prohibited by this subsection or be deemed a conflict, and the
   57  provision in this subsection requiring attorney recusal does not
   58  apply.
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Between lines 6 and 7
   62  insert:
   63         112.313, F.S.; allowing the associates of the officer
   64         to appear before the agency of which an officer is a
   65         member; requiring an officer of an agency to recuse
   66         himself or herself from certain votes under certain
   67         circumstances; specifying requirements for the
   68         recusal; providing an exception; amending s.